Form 16-5

Easement Location Addendum

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Date:

Grantor:

Grantee:

Easement Agreement:

Easement Property:

Real Property:

Easement Location Period:

This Easement Location Addendum modifies the Easement Agreement. Terms defined in the Easement Agreement have the same meaning in this Addendum. The terms of the Ease­ment Agreement that are not modified by this Addendum remain in effect.

Although the Easement Agreement initially grants a blanket Easement over the Ease­ment Property, it is the intention of the parties that the easement location be restricted to (1) the areas to be occupied by Grantee’s Facilities, including roads to be constructed by Grantee, and (2) roads, driveways, and access ways to the Easement Property and Grantee’s Facilities.

At least [number] days before the expiration of the Easement Location Period, Grantee will provide Grantor with a map or sketch showing the areas to be occupied by Grantee’s Facilities, which may include areas to be used immediately and those reserved for future expansion. Grantor may request changes in location of any of the Facilities within [number] days after Grantor’s receipt of Grantee’s proposal. Grantee will accommodate any requested change that does not materially increase Grantee’s construction or operation costs or adversely affect the use or efficiency of Grantee’s Facilities. Grantee, at its expense, will pro­vide a field-note description of the area to be occupied by its Facilities at least [number] days before the expiration of the Easement Location Period, and the parties will execute and record an amendment to the Easement Agreement that identifies the Easement Property as (1) the area or areas described by field notes to be occupied by Grantee’s Facilities, together with any additional area needed as a sanitary control site around each well in order to meet the require­ments of law for the protection of water produced from the well, and (2) roads, driveways, and access ways over the [Real Property/Easement Property] to access the Easement Property and Grantee’s Facilities. The amendment may restrict the types of uses allowed in each identified easement location. [Include if applicable: The amendment will also provide Grantee with the right to use reasonable portions of the Real Property adjacent to or in the vicinity of the Ease­ment Property as needed for construction staging areas, parking, and storing vehicles and equipment during construction or maintenance activities.]

Grantee’s easement rights in the areas to be occupied by its Facilities are exclusive. Grantee’s easement rights in roads, driveways, and access ways are nonexclusive. [Include if applicable: After Grantee has [identified the areas to be occupied by its Facilities/provided field notes for the areas to be occupied by its Facilities], paragraph 26. of the Easement Agree­ment will no longer apply.]

If Grantee fails to identify the location of its Facilities and to provide a field-note description of the area or areas to be occupied by its Facilities as provided in this Addendum, and the failure is not cured through the dispute resolution procedure set out in the Easement Agreement, Grantor may terminate the Easement Agreement as to any Easement Property on which Grantee has not installed Facilities or provided a field-note description by giving Grantee written notice of termination. Grantee authorizes Grantor to execute and record a release evidencing that termination.

   
[Name of grantor]

   
[Name of grantee]